Opinion of the Advisory Committee on mergers at its meeting of 2 July 2020 concerning a preliminary draft decision relating to Case M.9014 — PKN Orlen/Grupa Lotos Rapporteur: Belgium 2021/C 196/03

Opinion of the Advisory Committee on mergers at its meeting of 2 July 2020 concerning a preliminary draft decision relating to Case M.9014 — PKN Orlen/Grupa Lotos Rapporteur: Belgium (2021/C 196/03) Transaction 1. The Advisory Committee (11 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation. Union Dimension 2. The Advisory Committee (11 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. Product Markets 3. The Advisory Committee (11 Member States) agrees with the Commission’s definitions of the relevant product markets, and in particular that: 3.1. there is a single wholesale market for the supply of diesel, gasoline and LHO in Poland, with no segmentation between ex-refinery and non-retail sales; 3.2. the market for the wholesale supply of fuels should be segmented by fuel (i.e. between diesel, gasoline, LHO and jet fuel); 3.3. the market for the supply of jet fuel excludes avgas, which constitutes a product market separate from jet fuel; 3.4. the market for the supply of jet fuel should be segmented between ex-refinery supply of jet fuel and into-plane supply of jet fuel; 3.5. the market for the into-plane supply of jet fuel should be segmented between supply by into-plane suppliers and throughputters on the one hand, and resellers on the other hand; 3.6. there is an...